Southern Telephone Co. v. King
Supreme Court of Arkansas
Appeal from Drew Circuit Court; Henry W. Wells, Judge; 1. Punitive damages are not recoverable in an action ex contractu, but only actual damages caused by the breach of the contract. Actual damage is the measure whether the breach occurred from negligent failure or wilful refusal to perform the contract. ' 79 Ark. 36; 90 Id. 467; 13 Cyc. 113 F, and notes 98-99; 28 Am.
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Appeal from Drew Circuit Court; Henry W. Wells, Judge; 1. Punitive damages are not recoverable in an action ex contractu, but only actual damages caused by the breach of the contract. Actual damage is the measure whether the breach occurred from negligent failure or wilful refusal to perform the contract. ' 79 Ark. 36; 90 Id. 467; 13 Cyc. 113 F, and notes 98-99; 28 Am. St. Rep. note p. 874 et seq.; Anson on Contracts, 311. 2. Mental pain and anguish are not elements of damage, unless accompanied by physical injury. 84 Ark. 42; 64 Id, 538; 94 Id. 489; 89 Id. 188; 138 S. W. 879; 67 Ark. 123; 69…
1Opinion of the CourtMcCulloch, C. J.
Appellee instituted this action below against appellant (a corporation operating a telephone system in the town of Monticello and vicinity) to recover damages alleged to have been sustained by reason of negligence in failing to furnish telephone service. He alleged in his complaint the following state of facts, which the testimony established, viewed in its most favorable light: Appellee resided at Monticello, and was one of appellant’s subscribers, having a telephone in his residence; his wife and son were both sick, and he was convalescent; about 3 o’clock in the morning his son grew worse,…
2Cases cited9 opinions
- Peay v. Western Union Telegraph Co.Supreme Court of Arkansas · 1898
- Northwestern Telephone Exchange Co. v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1899
- St. Louis, Iron Mountain & Southern Railway Co. v. DysartSupreme Court of Arkansas · 1909
- Crutcher v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of Arkansas · 1907
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3Cited by25 opinions
- Corcoran v. Postal Telegraph-Cable Co.Washington Supreme Court · 1914
- Arkansas State Board of Election Commissioners v. Pulaski County Election CommissionSupreme Court of Arkansas · 2014
- Barrett v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1922
- Leaco Rural Telephone Cooperative, Inc. v. Bureau of RevenueNew Mexico Court of Appeals · 1974
- Foss v. Pacific Telephone & Telegraph Co.Washington Supreme Court · 1946
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